Plaintiff, a former City of Buffalo firefighter who was granted performance of duty disability retirement benefits in accordance with Retirement and Social Security Law §363-c received a supplemental benefit until the City of Buffalo [Respondent] discontinued paying the supplement upon Plaintiff's attaining age 62.*
Plaintiff initiated a proceeding pursuant to CPLR Article 78 seeking reinstatement of the supplemental benefit, with back payment, contending that Chapter 585 of the Laws of 2008 amended Retirement and Social Security Law [RSSL] §384-d(i) and revised the mandatory service retirement age from age 62 to age 65. Plaintiff argued that he was being denied equal protection of the law in view of the fact that "other similarly situated firefighters" continued to receive the supplemental benefit from appointing authority beyond age 62.
Supreme Court denied the petition and Plaintiff appealed. The Appellate Division affirmed the Supreme Court's ruling, noting that "[i]t is fundamental that a court, in interpreting a statute, should attempt to effectuate the intent of the Legislature," citing Patrolmen's Benevolent Assn. of City of N.Y. v City of New York, 41 NY2d 205.
The Appellate Division opined that the plain language of the amendment and its legislative history establish that the amendment was intended, as relevant to Plaintiff, to permit certain firefighter members of the retirement system who are "capable of performing the duties of their position" to continue working until the age of 65 while retaining the mandatory service retirement age of 62 for disabled firefighters receiving RSSL §384-d(i) retirement plan benefits.
In the words of the court, "[w]hen the terms of related statutes are involved, as is the case here, they must be analyzed in context and in a manner that harmonize[s] the related provisions . . . [and] renders them compatible," citing Matter of M.B., 6 NY3d 437. As it was undisputed that the Plaintiff is not "capable of performing the duties of [his] position ... the mandatory service retirement age applicable to him" is 62." Accordingly, the Appellate Division opined that Supreme Court "properly determined that [Plaintiff] was not entitled to the supplemental benefit after he attained [age 62]."
Addressing Plaintiff's contention that he had been denied "equal protection of the law" when Respondent discontinued paying him the supplement to his retirement allowance upon his attaining age 62, the Appellate Division said that Plaintiff had presented "no evidence . . . to support a finding that [he] ha[d] been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment."
Thus, ruled the Appellate Division, "[Supreme Court] properly determined that the record did not support [Plaintiff's] contention that Respondent denied him equal protection of the law."
* General Municipal Law 207-a(2) provides for a supplement equal to the difference between the amounts received under his allowance or pension and the amount of his regular salary or wages to be added the disabled firefighter's retirement allowance to equate which supplement is discontinued the firefighter attaining the mandatory service retirement age applicable to him.
consistent with the relevant provision of the Retirement and Social Security Law.
upon the firefighter attaining the mandatory service retirement age applicable to him.
The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2019/2019_04534.htm
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Disability Benefits for fire, police and other public sector personnel - Addresses retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information click on